CC Lawsuit - plaintiff changing venue after i filed an answer

[dnvrCO]

(sorry this post is longer than I expected)

I'm being sued by CACH LLC for an old Bank of America credit card ($800). The statue of limitations was set to expire in November of this year, which is probably why they decided to file a collection lawsuit against me.

In my answer to the summons, I admitted having knowledge of the account but denied CACH's claim due to insufficient evidence that they were the current owners of the account.

I included a counterclaim for violation of the fdcpa as the summons was filed in the wrong county (a county where I've never lived and not where I established the account) and listed me as being a resident of that county. I filed for damages in the amount of $800 plus court filing fees. I figured i could at least try to cancel out the debt if the judge ruled against me in the main case, but for me in the counterclaim.

I then received a court notice starting the answer had been received and the plaintiff, CACH, had 14 days to file a notice to set hearing.

 But instead i received a notice that CACH had filed a motion to change venue to the proper county. Am I screwed now or is it possible to file the same counterclaim for CACH's previously suing me in the wrong county?

I should note that I did contact CACH after I received the summons to offer to pay half of the debt in cash. They were less than receptive and demanded that i then pay the rest in full the next month, plus interest and the cost for them to file the summons. I understand why they included the extra costs but their unwillingness to negotiate (no way I  can pay the rest in full in one month) left a sour taste in my mouth. Now I'm worried they're going to go after me for even more money since they had to file s motion to change venue. It's not a large enough debt to warrant hiring a lawyer so I'm at a loss as to what to do next. Should i expect to receive another summons in the next could of weeks? Thanks in advance for any advice.

[BV80]

@dnvrCO

Is there a reason CACH would have filed in the wrong county?   Did you open the account in that county?  Did you move?

[dnvrCO]

I'm not sure why they filed in the wrong county. It's the county directly adjacent to the one I live in and I do live close to the county border, but still it doesn't take that much effort to confirm which county I reside in. I've never lived it worked in the county CACH filed in. As for the account it was actually opened in a different state(WA).

[BV80]

@dnvrCO

There was no excuse for them to file in the wrong county.  They violated the FDCPA.

[shellieh98]

You filed a counter claim? Has it been 30 days? They need to answer the counter claim, if they do not, then you should ask for a default.  Now if you want to make them go away rather quickly on their claims, look for a credit card agreement for BoA during the time your account was active.  Does it have an arbitration clause? 

[dnvrCO]

It's been a little under 30 days. I filed my answer on May 20. I received a notice from the court stating the plaintiffs had 14 days to "file a notice to set hearing". About a week later I received a notice that CACH had filed a motion to change venue on June 7.

I'll have to check the credit card agreement. I know I have a copy in one of my file cabinets.